A group challenging Quebec’s new language law scored a first legal victory against the legislation on Friday, as a judge temporarily suspended a provision requiring English court documents to be translated into French.
Quebec Superior Court Judge Chantal Corriveau ruled that sections of Bill 96 requiring corporations to pay a certified translator to produce French versions of legal documents could prevent some English-speaking organizations from accessing justice in through the courts.
In a written ruling released Friday, Corriveau said the rule could cause delays and costs that could especially hurt small and medium-sized businesses.
“In this case, according to the court, the evidence demonstrates a serious risk that, in these cases, certain legal entities will not be able to assert their rights before the courts in a timely manner, or will be forced to do so in a language different from the official language which they and their lawyers are most proficient in and which they identify as their own,” he wrote.
The judge ordered the suspension of both articles until the merits of the case can be heard, probably in November.
Protesters march through downtown Montreal in a demonstration against Bill 96 in Montreal, Saturday, May 14, 2022. (Graham Hughes/The Canadian Press)
A group of lawyers challenging the law’s articles argued that the translation requirement violates articles of the Constitution Act 1867 that guarantee access to courts in both official languages.
According to court documents, the group claims there are a limited number of certified legal translators, especially in some regions, and that their services cost between $0.20 and $0.40 per word.
Members of the Kahnawake Mohawk Council also submitted statements noting that they were one of many groups that would be adversely affected by the law.
Lawyers representing Quebec’s attorney general rejected the notion that there are not enough translators or that the requirement creates obstacles to access to justice.
Balancing linguistic protection and access to justice
A spokesman for Quebec’s French language minister, Simon Jolin-Barrette, said in a statement Friday that his office was analyzing the ruling.
“Let’s not forget that the provisions of this case seek to promote better access to justice in the official and common language, French,” the statement said. “The government is strongly committed to defending this fundamental right. We will not be commenting further at this time.”
Corriveau agreed that lawyers raised valid questions about barriers to justice, especially in urgent cases that “may require quick intervention before the courts to prevent irreparable harm.”
Félix-Antoine Doyon, a lawyer for the plaintiffs, said his clients believe in the need to protect the French language, but believe the government went “too far” with certain provisions of Law 96.
“We have to protect French, but we also have to protect access to justice, and we have to remember that in a civilized society the justice system is there for people, and also for legal entities,” he said in a telephone interview. He said he hoped to be ready to argue the case on the merits in November.
The lawyers are one of several groups filing legal challenges to Bill 96, which aims to strengthen the use of French through updated language regulations affecting businesses, universities, immigration and the courts.
The law, which was passed earlier this year, also proactively invokes the Notwithstanding Clause of the Canadian Constitution to protect it from Charter challenges.
Doyon noted that his challenge only concerns a very small part of the general law and cautioned against drawing broader conclusions about what the decision might mean for other challenges.